Chief Justice of India Dipak Misra, who faced severe criticism from four senior-most SC judges in January this year regarding administrative matters of the top court and an abortive move to impeach him, made an indirect reference to the matter in his address on the occasion of the Independence Day today.
Speaking after hoisting the national flag in Supreme Court at the function organised by Supreme Court Bar Association, the CJI said “to criticise, attack and destroy a system is quite easy” but “what is difficult and challenging is to transform it into a performing one”.
“For this, one has to transcend one’s personal ambitions and grievances. Rather constructive steps need to be taken with positive mindset of reform, no matter howsoever small”, he said while addressing a gathering after unfurling the national flag at the Supreme Court.
He said “concrete reforms must be undertaken with rationality, maturity, responsibility and composure” and that “it is necessary to be productive instead of being counter-productive”.
He added that there may be some elements who may endeavour to weaken the institution. “But we refuse, you and I altogether, to succumb to them…We have to serve the lady of justice, the queen of justice. She holds the scales of justice symbolising that the act of delivering and imparting justice has to be balanced as far as possible and that is the basic essence of justice. Anyone who tries to create any kind of dent in that balance is hurting the queen of justice. And when queen of justice sheds tears, possibly all of us will shed tears”, the CJI sought to remind.
Claiming democracy was at stake, the judges had pointed fingers at the administration of the Supreme Court and flagged their concerns about assignment of sensitive cases to junior judges.
CJI Dipak Misra had faced severe criticism from four senior-most SC judges in January this year when, in an unprecedented step, the four senior-most judges of the Supreme Court held a press conference to raise certain grievances about the administrative orders of the CJI.
The judges had said they were discharging their debt to the nation and that addressing media was their last resort.
Referring to the mention of “polity of identity” in Law Minister Ravi Shankar Prasad’s speech at the event, CJI Misra said: “I am happy that the Law Minister has talked about the identity of the citizens. This identity has to be founded on the idea of humanism which is fundamentally constitutional and legitimate.
“How far we follow this path only the future will tell.”
Speaking earlier, the Law Minister, while recalling the trauma of partition, said that despite large-scale destruction and dislocations, India chose not to be theocratic. Referring to the different phases of development over last seven decades, the Law Minister said initially it was a “polity of want, then came polity of identity and now we have polity of aspiration and hope”.
Prasad also flagged the issue of frivolous PILs. PILs were “respected” and “accepted”, Prasad said adding the “judiciary must intervene to set things right” where there was “deprivation of the rights of the poor, the marginalised, abuse of power for nepotism it personal purposes, or downright corruption by executive heads, political or bureaucratic”.
He added that “while I notice with satisfaction that the Supreme Court is imposing a lot of cost on fly by night PILs, but there need to have some kind of audit, some kind of understanding the larger perspective of PIL is not lost”.
The Law Minister also called for striking a healthy balance between the three organs of the state, saying that governance of the country must be left to the elected representatives as governance and accountability go together.
There have been voices from the executive about interference from courts. The SC has pulled up the government on a number of issues, giving stern directions on several issues like police reforms, mob lynching, aadhaar, etc.